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Driving Without Due Care and Attention

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Drivers on UK roads are held to certain standards. Failing to uphold these standards by driving without due care and attention can potentially land you in hot water.

But what does driving without due care and attention actually mean? And what is the penalty for driving without due care and attention? We discuss these issues and more in the following article.

While we hope this information is useful, please note, it should not be taken as legal advice. If you need legal support with motoring offences such as allegations of driving without due care and attention, then please get in touch and our team can advise you.

What constitutes driving without due care and attention?

A person is to be regarded as driving without due care and attention when the standard of their driving is deemed to have fallen below what would be normally expected of a competent and careful driver. It also involves the act of driving without having reasonable consideration for other road users.

There are various potential examples of driving without due care and attention. These include:

  • Driving too closely to another vehicle
  • Being distracted inside the vehicle (adjusting a radio, lighting a cigarette etc.)
  • Misusing lanes
  • Turning into the path of another vehicle
  • Mistakenly driving through a red light
  • Flashing lights to force others to give way
  • Unnecessarily staying in an overtaking lane

Driving without due care and attention is also referred to as careless driving.

When does careless driving become dangerous driving?

The lines between what is considered to be driving without due care and attention and dangerous driving can become somewhat blurred.

Dangerous driving occurs when someone’s standard of driving falls far below what is expected of a competent and careful driver. 

Is driving without due care and attention a criminal offence?

Driving without due care and attention is considered to be a criminal offence under Section 3 of the Road Traffic Act 1988.

What happens if you get charged for driving without due care and attention?

If you are charged with driving without due care and attention, you could be liable to face a range of penalties. Driving without due care and attention sentencing in the UK is outlined by the Crown Prosecution Service (CPS).

The punishment for driving without due care and attention will typically include a fine and penalty points on your license. In many cases, driving without due care and attention will result in a fixed-penalty notice (FPN) being handed out, which will usually result in three penalty points being added to your license alongside a £100 fine. Note that FPNs can vary.

If you have been charged with causing death by careless driving, the potential sentences are much more serious.

This offence can not only result in the loss of your license, but also up to 5 years’ imprisonment.

How long do the police have to prosecute for driving without due care and attention?

As driving without due care and attention is a summary-only offence (can only be heard in the Magistrates’ Court) the charge must be laid by the police within 6 calendar months of the date that the offence allegedly took place.

How long does driving without due care and attention stay on your license?

Any points accrued on your driving license for driving without due care and attention will remain there for four years from the date of the offence.

Credit for guilty plea

In short, where a guilty plea is indicated at the first stage of proceedings for a driving without due care and attention charge, you could receive a reduction from 1/3 of a penalty.

More information regarding the potential outcomes for indicating a guilty plea can be found here.

What should I do if I’m being accused of driving without due care and attention?

Being accused of driving without due care and attention can be an extremely daunting prospect, particularly as it could potentially lead to the loss of your license after amassing too many penalty points. In the case of causing death by careless driving, you could also face imprisonment.

Where you have sufficient grounds to contest a driving without due care and attention charge, our expert motoring solicitors will be on hand to support you. We understand what is required to build a strong defence and what steps will be required to secure a positive outcome. This could mean having charges dropped altogether, or minimised where conviction is unavoidable.

We are highly skilled at collecting and presenting the various types of evidence that are relied on in these types of cases. As such, we will be able to clearly identify any flaws in the case against you and make sure that the evidence which supports your case is clearly presented.

We have over 45 years of experience in dealing with criminal law matters and have also been accredited by the Law Society for Criminal Litigation. We have a strong track record of success and have been able to build strong relationships with many of the country’s leading criminal defence barristers.

If you are facing a charge for driving without due care and attention, we are here to provide you with the support you need.

Related matters:

We also provide support and guidance on various matters that are related to driving without due care and attention, including:

Our related cases

Fees and funding

No matter your circumstances, we will always be sure to be clear and transparent about the fees that may be involved in your case.

If you need to attend court in relation to a driving without due care and attention charge, legal aid public funding may become available. Whether or not this is the case will depend on whether the grant of public funding is justified.

Where you do not qualify for legal aid public funding, the alternative option is to fund the case on a private basis.

To find out more about the way we handle fees (both legal aid public funding and private fees) for driving without due care and attention, please use the links provided below:

Contact our criminal defence lawyers today

If you are due to attend the police station, require any urgent specialist advice, or immediate representation for driving without due care and attention, please do not hesitate to get in touch.

You can contact our dedicated criminal defence lawyers in London, Birmingham, and Manchester by telephone on:

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

24/7 legal representation for driving without due care and attention

Please get in touch for a free consultation with one of our expert criminal defence solicitors, as well as immediate representation and advice for driving without due care and attention.

We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number at 07836 577 556.